Supreme Court Declines to Hear Commercial Speech Case After All

The Supreme Court has declined to decide a closely-watched dispute involving free speech rights in the commercial context, although it had granted the writ of certiorari. Nike v. Kasky, 539 U.S. 654 (June 26, 2003). Plaintiff sued Nike under California’s Unfair Competition Law and False Advertising law, claiming that Nike’s public statements in response to criticism of its treatment of workers at factories abroad were false and were made to maintain or increase sales. The U.S. Supreme Court granted certiorari to consider the extent to which commercial speech is protected under the First Amendment, received briefing on the merits (including 31 amicus briefs) and heard oral argument, but then declined to decide the case. Three Justices supplied reasons, while three Justices dissented.